K1/CR1 visa

[phoenix2017 1]

Hi all, first off, I find it relieved to see such forum exist.  Thank you all for your contribution here.

 

My situation is: I am currently in the States on a B1/B2 visa of 6 months since early August. Now me and my boyfriend (American citizen) are looking into getting married. I was wondering about the change of visa status. which visa should we apply for in order for me to stay indefinitely/without leaving the country, or as little as possible? I appreciate any kind of help here, thank you. 

[geowrian 22,337]

Congrats.

 

You can stay, get married, and file for AOS. You can remain in the US while your case is pending. You cannot work or travel abroad (and re-enter) until you have the green card or AP.

Green card: ~9-12+ months

EAD (work permit): ~4 months

AP (travel document): ~4 months

Guide: http://www.visajourney.com/content/i130guide2

[Roel 7,192]

Also please keep your questions (that are the same) in one thread.

[Suss&Camm 2,213]

K1 is taking about 6-7 months at present. In the past it has taken anywhere from 3-7 months. A CR1 takes approximately a year to be approved. K3 is practically obsolete. Yes they both require you to return to your home country for medical and interview, before entering using the approved visa.

 

I was a K1 - you can look at my timeline. K1 has a faster processing but is more expensive and you can't work right away when you arrive in the US. You first have to marry and file for AOS together with EAD/AP (work authorization and advanced parole for travel).

 

CR1 takes longer but you can work upon entry and it is cheaper.

[phoenix2017 1]

Thanks for your reply. But I am already in the States right now... does that mean I have to go back to my home country to wait for a year (CR1) before I can come back? 

[geowrian 22,337]

If you are currently in the US, you can marry and file for AOS. http://www.visajourney.com/content/i130guide2

 

Or you can do a K-1 visa...ETA: ~7-9 months (it keeps getting pushed back due to backlogs).

Or you can marry and do a CR-1...ETA: ~12-14+ months.

K-3 is obsolete.

Edited September 26, 2017 by geowrian

[Longingfor 195]

If you chance thr CR 1 route expect to wait between 7 and 10 months for second approval then you have NVC stage which takes 11 weeks to process after you submit IV and AOS documents then you wait to get a visa interview date.

 

I know nttn for K1 so can't guide you there.

 

If your lucky CR1 may be approved earlier if you get sent to Nebraska you are doomed. Some are waiting between 10 and 13 months for approval

[Suss&Camm 2,213]

5 minutes ago, phoenix2017 said:

Thanks for your reply. But I am already in the States right now... does that mean I have to go back to my home country to wait for a year (CR1) before I can come back? 

If you are applying for CR1 visa after getting married then yes you'd need to go home. You can get married and apply for adjustment of status, but according to new guidelines if getting married on a B visa and adjusting status, you need to have been at least in the country for 3 months prior to this. (I haven't followed it closely so I'm unsure if it's actually implemented as of yet) The new guidelines would be a flat out denial before the 3 months, and extra scrutiny also after.

Edited September 26, 2017 by Suss&Camm

[phoenix2017 1]

Thank you and thanks for your reply, geowrian. 

Should we get on to filing for the AOS soonest then? And do we get married first then file for it and I can stay even my B1/B2 visa expires while I wait for the approval? 

 

Ok will do Roel. I just wanted to see if I get different responses in another thread because they are talking about different kinds of visa. Thank you. 

 

[phoenix2017 1]

Thanks so much for all your responses! I really appreciate that

 

Suss&Camm, I suppose I should wait for at least 3 months up from the day I arrived this time before I get married

But yes, I also am worried about them thinking me coming in here on a B1 visa just to change to a CR1 visa - which wasn't what I had in mind at the first place. I can go home/somewhere else but I don't want to wait for a year before I come back... That's why I would like to see what's the best visa option for me right now, without having to be out of the country for too long.

 

Thank you geowrian and Longingfor for your input. I appreciate that. I am in CO so I don't know if it's going to be fast/slow. I have actually looked into filing for other visas but those probably take longer/cost more...

 

 

[geowrian 22,337]

4 minutes ago, phoenix2017 said:

Should we get on to filing for the AOS soonest then? And do we get married first then file for it and I can stay even my B1/B2 visa expires while I wait for the approval? 

I suggest filing before your legal status expires. You would need to get married first, then file for AOS. When the visa or I-94 expires doesn't matter since filing the I-485 grants authorized stay while the case is pending.

 

4 minutes ago, phoenix2017 said:

I just wanted to see if I get different responses in another thread because they are talking about different kinds of visa. Thank you.

That's not the way things work...you aren't supposed to make different threads to get different responses. I'll request that they merge the threads.

[phoenix2017 1]

Yes I think I will start looking into the process of getting married and filing for the AOS. But since the other OP suggested I should wait for three months up from the day of entry I shall do that - only a month away from that anyway. 

 

Ok about the threads. I am new to the forum, yes please merge thank you. 

[Suss&Camm 2,213]

6 minutes ago, phoenix2017 said:

Thanks so much for all your responses! I really appreciate that

 

Suss&Camm, I suppose I should wait for at least 3 months up from the day I arrived this time before I get married

But yes, I also am worried about them thinking me coming in here on a B1 visa just to change to a CR1 visa - which wasn't what I had in mind at the first place. I can go home/somewhere else but I don't want to wait for a year before I come back... That's why I would like to see what's the best visa option for me right now, without having to be out of the country for too long.

 

Thank you geowrian and Longingfor for your input. I appreciate that. I am in CO so I don't know if it's going to be fast/slow. I have actually looked into filing for other visas but those probably take longer/cost more...

 

 

You won't be applying for any visa. A visa is an entry document. You are already here. Should you get married, you would file for AOS -adjustment of status (immigration status - isn't a visa "status".

[phoenix2017 1]

Just now, Suss&Camm said:

You won't be applying for any visa. A visa is an entry document. You are already here. Should you get married, you would file for AOS -adjustment of status (immigration status - isn't a visa "status".

Ic. Thanks for clarification.

 

Did you hire a lawyer for your visa or you do it on your own? I was wondering that for my case..

[geowrian 22,337]

AOS isn't a visa. It's handled by USCIS. Visas are handled by the embassies, which are under DOS.

 

The new rule regarding preconceived intent is a DOS rule, and is not adopted by USCIS at this time (and doing so would be difficult due to past court cases). Technically, due to this change, going for a CR-1 visa after marrying within 90 days would be more difficult now. Some background info for others not familiar with the change:

http://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/DOS_Expands_Presumption_of_Misrepresentation_Rule_to_90_Days/